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Jack Bishop P/L (ACN 133 057 048) v Trespa Holdings P/L (ACN 006 612 782) [2021] VSCA 275

Victorian Court of Appeal
Maxwell P, Sifris and Walker JJA

Jack Bishop P/L (ACN 133 057 048) v Trespa Holdings P/L (ACN 006 612 782)

Judgment Date: 
5 October 2021

NEGLIGENCE - Duties of employer and occupier - Safe system of work - Duty to warn - Apportionment of responsibility - Plaintiff was employee of respondent working on vehicle at applicant's premises - Risk of injury because vice grips clamped onto defective gas strut supporting bonnet - Bonnet closed suddenly and caught employee's arm - Injury to shoulder - Employee not warned about risk by applicant or respondent - Damages reduced by 40 per cent because of employee's contributory negligence - Responsibility apportioned 80 per cent to applicant and 20 per cent to respondent - Whether judge erred in finding plaintiff working under control and supervision of applicant - Whether apportionment of 80 per cent to applicant manifestly excessive - Different levels of awareness of likelihood of harm - Apportionment reasonably open - House v The King (1936) 55 CLR 499; Podrebersek v Australian Iron & Steel Pty Ltd [1985] HCA 34; Central Darling Shire Council v Greeney [2015] NSWCA 51, considered.